“The Pendergrass limitation finds no support in the language of the statute codifying the parol evidence rule and the exception for evidence of fraud. It is difficult to apply. It conflicts with the doctrine of the Restatements, most treatises, and the majority of our sister-state jurisdictions. Furthermore, while intended to prevent fraud, the rule established in Pendergrass may actually provide a shield for fraudulent conduct. Finally, Pendergrass departed from established California law at the time it was decided, and neither acknowledged nor justified the abrogation. We now conclude that Pendergrass was ill- considered, and should be overruled.”

For assistance with presenting a case for wrongful foreclosure, please call 520-405-1688, customer service, who will put you in touch with an attorney in the states of Florida, California, Ohio, and Nevada. (NOTE: Chapter 11 may be easier than you think).

Editor’s Analysis and Practice Tips: In the decision Riverside Cold v Fresno-Madera the California Supreme Court stopped the banks dead in their tracks. Whereas they were able to prevent the borrower from introducing parole evidence (events outside the four corners of a document) the banks are now to be confronted in California and other states that will follow with the probability that their lies and illegal steering people into foreclosure are going to haunt them and defeat them.

We have heard for years how servicers and banks told homeowners to stop making their mortgage payments in order to qualify for mortgage modification. Then comes the lost papers 4-5 times and then comes the inevitable denial of a the mortgage modification — as though anyone had ever considered it and as though the investors were contacted for feedback. The fact is, as the future litigation will point out and reveal in all its splendor, the foreclosers were out to foreclose — not to settle, modify or otherwise resolve the situation.

They would string the borrower along until so many months of non-payment had piled up that between principal interest, taxes and insurance all but the most frugal borrower would be short on money and unable to reinstate. The result has been far lower proceeds from foreclosure than any other means of mitigating damages, and far more foreclosures than there needed to be. And it all started with misrepresentation, lies, deceit and fraud at closing, during he foreclosure process, during the so-called modification process and during the sale at auction, which prevented the homeowner from redeeming the property because the true balance was never disclosed.

All that changes with this very well-reasoned opinion. The Court clearly is beginning to see that the the without strict adherence to all the rules and all considerations of due process, the court system is being used as a vehicle for theft, fraud, forgery, fabrication and the destruction of people’s lives and livelihood.

72 Responses

US Bank and SN Servicing has submitted Forged documents in our federal bankruptcy case too and we will never stop perusing them in court for damages. We are also asking our Federal judge to prosecute their current attorney out of Jacksonville Florida who continued to defend this case knowing that forged document are before a federal court. All the offending parties at SN Servicing and their attorneys are committing a serious crime against our country. We have filed a formal complaint with the FBI and the US attorney general and many great Judges all across this nation are finally stopping them from this kind of fraud on American families. US Bank and SN servicing and their attorneys are also violating a serious consent order that was to protect the people from these crimes but they could care less. Please feel free to have your clients join a class action suit so that we can end their behavior with a multi billion dollar punitive damage suit. Join us, call Ray Shelton in Florida at 352 274 8467

There is no way to audit their secret electronic bank….it is completely unregulated and unmonitored… that makes their criminal fraud virtually undetectable….That is where their real criminal business is conducted…….and where their dark pools of massive criminal fraud debt are dumped. Like their quadrilliion in derivatives fraud….If Anonymous went after that….then we would have something bleeping golden…Wall Street is a clever facade….like in the casino at those electronic slot machines…I don’t trust those electronic s.o.b.s…at all..& no one should…including the banks electronic crap…Someone hits delete and you are wiped out…

That factoid was told on CNBC a couple of years ago…..I heard it LIVE……WALL STREET MADE $60 TRILLION DOLLARS SELLING DERIVATIVES IN 1999….THE SAME YEAR GLASS-STEAGALL WAS REPEALED…..I HAVE NEVER FOUND A LINK OR ARTICLE ON IT BUT I HEARD THEM SAY IT IN REAL TIME…I ALWAYS TAKE NOTES ON IMPORTANT INFO …. YES…THEY ARE SWINDLERS…BUT CERTAINLY THAT $60 TRILLION AND TRILLIONS MORE ARE WELL HIDDEN AWAY BY NOW….THE TREASURE OF PIRATES….YO HO HO..!

Marylin: Yes, they were just buying time and judges and officials with the bogus settlement farce. In fact all German and others’ gold with the Fed. or with the U.S. Treasury has long been stolen. that’s why they’ve been given a rain-check. You have a link for that news?.

Stripes: I can’t find your $60 trillion NBC report on Youtube. Have a link?
Also–your other claims are on point by such programs like this one or many documents linked by commentators in recent pages of VETERANS TODAY.COM

Guest….I said at the beginning of these so called settlements it was all a front…they were/are just going thru the motions…thinking there would be no way the people could trace and follow the money…but once the people caught on to all the scams/fraud they pulled…they became known liars…and so far they have not proven it any other way…I do not believe a word they spit from their mouth and that includes every one involved…I don’t want to hear of any settlement…I want to hear the clang of the bars shutting..closed…locked..given 150 years….that would be the settlement I want to hear….Remember…..to catch a crook you must think like a crook….

Christine,,,,Ron Paul was the one to audit the Fed. Reserve…he knew the ropes..but was sort of the ‘ black sheep ‘ in CONgress…as some others in past years were also…he didn’t join the corruption so he was not in the ‘ club ‘….I remember when he went to Washington and yes, I did vote and put his name on the ballot and I feel I have a right to complain as I did vote…and I don’t approve of someone being appointed….I realize there is no one who is ‘ perfect ‘ to do and satisfy everyone when they are president…but to do nothing for this country and the people when it is in dire need only shows me he is not ‘ with us ‘…it’s a void feeling. And Neidermeyer mentions the gold at the NY Fed….I just read where they claim none of it is from this country….than it must be at the IMF..since they have hoarded it there too….Wonder why it will be 7 years for Germany to get their gold back…did it take 7 years to move it to NY ? This whole mess is so disgusting…………..

although Bank-Gangsters have plundered over $34 trillion from ROBO-SIGNING they have only conceded to $34 Billion of damages to the public, of which they haven’t paid out even $1 yet!!! So even all their settlements are total shams:

Elixquisitor….YOU ARE OBVIOUSLY A CROOK BECAUSE NO ONE ELSE WOULD DARE TRY AND TELL A NATURAL BORN U.S. CITIZEN TO SHUT UP BECAUSE THIS IS MY LEGAL RIGHT AND I FULLY INTEND TO EXERCISE IT AND INVOKE IT WHENEVER NECESSARY….

You dont seem to understand the Tax Law and your Obligation to Pay You Taxes has Nothing to do with the fc claim against you for the Note or the Mortgage, or your claim against them . The lawsuit for the note and mortgage has nothing to do with real estate Tax Law. They are two seperate obligations …… You do not have a claim for relief and damages for taxes you didnt pay. Thats like saying I’m sueing the feds for relief/damages of my property tax bill the State Taxpayers Paid and Sold to debt collecter. Sorry Chump!

All their crimes are evident at the onset …… and well documented. A State Statute is only valid until proven otherwise.. or upon discovery of their fraud at the onset…..masked by Concealment the Plaintiffs Intended to Deceive Defendants and were in fact orchestrating a scenario and Intended to permanently harm the Defendants and were in fact, subjorning perjury, racketeering, counterfeiting and forging documents to gain unjust enrichment and by trying to conceal the fact they are IMPOSTERS, fictitious payees were concealing their identity as third party debt collectors not before the court and their intent was upon Presentment of their phony, fraudulent fc claim.

Not if their complaint was a fraud …..an orchestrated scenario meant to permanently harm WE THE DEFENDANTS…NOT IF IN FACT THIS WAS A CIVIL CONSPIRACY THAT WAS UNCONSCIONABLE …UNCONSTITUTIONAL …CRIMINAL & ILLEGAL UNDER CIVIL, STATE AND FEDERAL LEGAL JURISDICTIONS AND CAUSED PERMANENT HARM TO THE DEFENDANTS AND CAUSED AMONG OTHER THINGS….. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS UPON THE DEFENDANTS ..

They admit they are the snake and the hidden hand behind all of the evil in the world is created by them…the Zionists….The Elders of Zion and it is all written in the PROTOCOLS OF THE LEARNED ELDERS OF ZION……THEY WANT TO CREATE A NEW WORLD ORDER OUT OF THE CHAOS THEY CREATE….This evil belief system is all based on THE TALMUD….IT IS ALL MANUFACTURED BY EVIL MEN….and aims to counterfeit all of the Creators plans for mankind. They aim to destroy the gift of free will given to all of mankind by the Creator by using numerous Secrets, Lies and Deceptions to DEFRAUD US OF OUR FREEDOM & LIBERTY……

How can the real estate tax bill be a cost/expense to you for any type of relief if You didnt pay it??? From my experience its the party who paid them on your behalf who is intitled to relief … not you.

Here comes the Defendants move for a Motion to Dismiss Plaintiffs foreclosure complaint and request for a Hearing…Defendants deny knowledge of Plaintiffs because Plaintiffs claims were criminal at the onset of their faulty, deceptive and therefore criminal claim..Wherefore Defendants invoke all of our legal rights (cite them) and request this court, invoke its Common Law, Criminal Law Jurisdiction…based on the fraud evidence apparent on the face of all documents and mispresented upon this court by Plaintiffs ..rule in Defendants favor and Dimiss with Prejudice all Plaintiffs claims….assess all costs, including all property tax bills and all other costs associated with Plaintiffs deceptive, criminal and felonious fraudulent claims to the Plaintiffs, clear title to the Defendant’s, plus compensatory damages (cite amount) and other equitable relief (cite amount) as We the Defendants, have all of the legal rights of the harmed party.

Sidenote…The court of appeals noted, that the ambit of the rule on equitable relief is, on its face to broad. Complaints for equitable relief fall within the literal scope of the rule, but it is the harmed party who is in the best position to assess all costs of non-compliance by the wrong doings of another; (Rubel v Phizer, 2004).

IT IS WAY PAST TIME TO EXPOSE THESE CRONY CAPITALIST TOTALITARIAN CROOKS……AND ALL OF THEIR EVIL PLANS FOR MANKIND…….DISTRACTIONS BY DEMONS WILL NOT STOP THE TRUTH FROM BEING REVEALED…THIS IS AN EVIL TOTALITARIAN CONTROL FREAK MIND GAME….AND THE TRUTH IS….THESE CROOKS DON’T OWN ANYTHING BUT THE OBSCENE DEBT THEY CREATE BY COUNTERFEITING AND FORGING OUR SIGNATURES GADZILLLIONS OF TIMES WITHOUT OUR KNOWLEDGE …..& IT IS INTENDED TO DECEIVE & PERMANENTLY HARM US….IT IS A MANUFACTURED SLAVEDOM OF THE MIND AND WHAT THEY REALLY WANT IS….YOUR MIND, BODY & SOUL….I FOR ONE, REJECT EVIL & ALL OF ITS EVIL WORKS.

In such cases where there was a lenders title ins policy … dont deny … stall … stall .. stall …delay..delay delay… Why? Why? Why? How long does it take to get to the middle of the tootsie pop? Oh .. haha.. I mean how long before tax sales (behind your back, someone funds, another pays and the funder sells to the debt collector kinda thing) does it take to State a Claim to FC? Anyone?

I am not here to inform people about my business. I am here to ALERT THE PEOPLE ABOUT THIS ILLEGAL SCAM…..& YOU GUEST ARE A DISINFO AGENT…..THAT IS WHO YOU ARE…..OTHERWISE YOU WOULD NOT BE HERE LYING & TRYING TO DISCREDIT THE TRUTH …. BY TRYING TO DISCREDIT ME…..WHICH YOU CANNOT…..THE TRUTH IS YOU ARE EVIL & EVIL WORKS IN SECRET & IS DECEPTIVE AND WEARS MANY DISGUISES.

GUEST SAYS…THE STATE FORECLOSES ON THE PROPERTY TAXES…….BUT SHE FORGOT TO ADD…..THEY CAN ONLY DO THAT IF YOU ARE NOT IN FORECLOSURE …. NOT WHILE THERE IS AN ACTIVE LEGAL DISPUTE ABOUT PROPERTY RIGHTS…. THERE IS ONE DISPUTE TO BE SETTLED AT A TIME….THIS DISPUTE IS TO FRAUDCLOSE THE MORTGAGE…..THERE WAS NO PROPERTY TAX DISPUTE AT THE TIME OF THE PLAINTIFFS FILING…..

I would stay out of your business, …. But you keep posting it all over this website! You claim to be informing people … but what you are really doing is living in lala land and setting an example for everyone on how to lose your home.

CNBC SHOWING THE NATIONAL DEBT….ALL BANKSTER USURY ON WEALTH THE BANKSTERS STOLE FROM US… THAT IS HOW CRONY CAPITALIST TOTALITARIANISM WORKS…..BUT…THEY WILL NEVER TELL YOU THAT BECAUSE….DECEIT WITH INTENT TO HARM WORKS IN SECRET…

Please …READ THEIR SECRET PROTOCOLS TO DESTROY US AT THE LINK BELOW…… THE PROTOCOLS OF THE LEARNED ELDERS OF ZION…..

LET’S CALL IT WHAT IT IS….THE SECRET CRONY CAPITALISTS PLAN TO SCREW THE GOYIM (EVERYONE BUT THEM) OUT OF EVERYTHING AND MAKE THEM PAY FOR IT WITHOUT THEIR KNOWLEDGE …..

THE SECRET CRONY CAPITALISTS EXPLAIN HOW THEY WILL USE LIES AND THEIR BANKS….FAKE MONEY LENDING….AKA CREDIT & INVESTING SCAMS…WARS….FAMINE …..DISEASES…..MANUFACTURED ECONOMIC CRISES….THE MEDIA…THE POLITICIANS….LIBERALISM…RE-EDUCATION….LAW…..TO CREATE A GLOBAL TOTALITARIAN STATE IN SECRET… A SECRET GLOBAL DICTATORSHIP OF PEOPLE HATER CONTROL FREAKS….

State forcloses on real estate taxes, sells the property, and gives the remaining proceeds (after expenses) to the debt collector of your mortgage. You Lose …. baahahaha……… All I have tried to do is help you save your home and you disrespected me, threatened me and made outragous accusations! You Are In Denial! Wake Up!

Ron Paul has been agitating over the US owned and US held Gold for a very, very long time. I may not agree with everything the old man has to say but, so far, he’s made some pretty good points and some very good predictions in his long and dedicated career…

Not proof ,, but you have to wonder , no audit of Fort Knox in 40+ years,, and they stopped allowing anyone to tour the facility .. Nixon had to shut down gold redemption of Treasury Bonds in 1972 … Nobody wants to audit the FED … and Germany just demanded the return of their gold held at the NY FED and they were told it would take 7 years!!

@Christine….Very interesting to read of tungsten gold bars…sometime back in my search on another issue, I came across a site telling of the ‘ fake bars of gold ‘…..the article itself sounded fake..but the ending said Fort Knox was empty…gold was gone…that it was put on planes during the night and flown to unknown places…later and more recent I read IMF was hoarding gold for years….You know..the rage that lies just below my skin burns…but I feel no pain..I feel hatred. For years I told my girls, don’t say you hate, say dislike…how wrong I was as now I say hate…..

That’s why nothing is made to last….Corporate Globalist consumerism…keep us buying and rebuying their worthless junk all over again….My appliances are VIKING…made in the U.S.A..my cabinetry and hard wood floors were made in America too…as well as my bricks, mortar, lumber, drywall toilets…sinks… cedar roof & pool. The hot tub too…yes…America is where the quality merchandise is made … YOU CAN BUY AMERICAN MADE….

The Chinese are taking a page from DocX’s book and doing it out in the open … here’s a chinese tungsten company that offers tungsten filled gold coins and bars … Fool your friends! (for novelty purposes only!)…

Let me come to your house and remove everything made in China, starting with all the PVC plumbing, water heater and heating unit made-in-China parts. I’ll see how you do with cold showers from a metal bucket and frigid rooms. Of course, the faucets go. Back to the outdoor well. Then, I’ll take out the appliances or, at the very least, I will strip them of every single part “made in China”. We’ll see how that works when I’m done. Good buy coffee, toast, fridge, oven and range. I will continue with all the made-in-China components of your car, move on to every made-in-China article of clothing, shoes and others. Let’s not forget your eye glasses and every pen in your house, your computer (damn! now you’d really be in deep shit!), your TV or most of its components, your cell phone, IPad or other such gadget. Of course, no CD player, no CDs either.

The good news is: you’ll away have your Bible… and the good, healthy Monsanto, McDonald and Coke crap. When would you like me to stop buy?

That fake gold story was reported on before. Supposedly Fort Knoxx was opened for inspection years ago for a select group who said they saw some funny looking orangish tinged bars in there. There was supposedly a lot of gold that went missing from under the twin towers. I remember Anderson Cooper reporting live from the scene after 9/11 and saying there was gold under here and where did it go…? He said it could not have melted. I agree…..There is evidence that 9/11 was the big cover up for this heist of our wealth and a whole lot more by the bank owners and their perps on Wall Street and the traitor politicians made a lot of money by destroying us for them. The 2008 manufactured collapse links directly to 9/11. These bank owner crooks stole everyones wealth and gold…. It was an inside job by traitors who together with the bank owners screwed all of us. That is why they scapegoated us….TO ROB US OF EVERYTHING…That’s your signature they tell you…you signed that contact…OH HELL NO WE DID NOT …. There is always way more to the story than meets the eye. There are definitely a lot of crooks who owe WE THE PEOPLE ALOT of GOLD & ALOT OF MONEY….that is why the currency is being debauched by the ORIGINATION FRAUDSTERS ….these bank owners want to collect their fake booty and the traitor politicians are helping them by robbing us into poverty to make us believe we did this and the WORLD BANK OWNERS OWN US…OH HELL NO THEY DON’T …..THIS WAS DONE BY THE BANK OWNERS & THE GREEDY POLITICIANS ALL GOT RICHER FROM IT…..THIS WAS INTENTED TO DO PERMANENT HARM TO US…..The crooks who caused this by robbing us have their booty hidden and are stealing from all of us, robbing us into poverty by making us believe the BIG LIE that we caused this……That is not just morally wrong, that is deceitful and criminal. WHAT THESE BANK OWNERS REALLY WANT IS TOTALITARIANISM …COMPLETE COMMUNISM…COMPLETE CONTROL…..THE TRAITOR POLITICIANS ARE TO BLAME….THEY ALL ARE BEING PAID WELL TO PUSH THE BANK OWNERS EVIL AGENDA…LIKE THE GOLD BACKED VATICAN DOLLAR…GUN CONTROL … OBAMACARE ..THE MICROCHIP….A WORLD TAX ….it is really all about TOTALITARIANISM by evil control freaks…who are the bank owners …

It is funny. I read the story about the Chinese tungsten gold bars in several European papers a while back and recently, I read the one about Germany, in different papers since it has been reported all over Europe. Germany, as you may recall, has been clamoring for its gold for months now and has been stalled by the US. Go back to the Strauss-Kahn scandal and the reason for his visit at the time: inspect the US gold reserves, especially those belonging to other countries.

The US if in a deep shit, however way we look at t.

Germany Latest Victim of Phony Gold Bar Scam
Pat Shannan
Would you buy a used car from this man? [The picture is that of Clinton]

Amid international accusations that U.S. officials in the Clinton administration replaced gold in Fort Knox with phony, mostly tungsten bars that were later shipped to China and other places yet unknown, a German refinery has now discovered that it has received a bogus “gold” bar as well.

The video proof was shown on the German television station ProSieben that ran the news story covering W.C. Heraeus in Hanau, Germany, the world’s largest privately owned refinery.

In the story, Wilfried Horner, head of the gold foundry, shows a 500-gram bar (16.0755 troy ounces) received from an unidentified bank. The bar had the right physical dimensions to be an authentic gold bar, but one of the Heraeus employees suspected something.

After the bar was cut in half, the TV audience could plainly see that the dark insides were tungsten, with only a coating of gold on the outside.

Last fall, Rob Kirby of Kirby Analytics in Toronto reported that China’s central bank had discovered nearly 6,000 400-ounce gold-plated tungsten bars among those it had recently received from bonded warehouses.

It was later learned that at least four counterfeit bars at other locations were found and that all had come from sources within the United States, including Fort Knox, according to the Chinese investigators.

As suspicions grow about counterfeit bars among those held in bonded warehouses for delivery against either COMEX or London Bullion Market Association contracts or shares of exchange-traded funds, investors could panic. It is believed this could be the reason for the blackout on news coverage in the United States on this story except for AFP. [Leave it to the French to find the dirt about England… and its long-lived colony, the US of A]

{¶ 22} The acceleration clause in the note provides, “If I am in default, the Note Holder may send me a written notice [of acceleration].” It then states that the date for payment of the accelerated amount “must be at least 30 days after the date on which the notice is mailed to me or delivered by other means.” Contrary to the trial court, we find it rather obvious that the permissive term “may” in this provision relates to the right of acceleration, not to the giving of notice. In other words, the provision gives the note holder a choice between accelerating the loan with notice or not accelerating the loan. It does not give the note holder the option of either accelerating the loan with notice or accelerating the loan without notice. If that were the case, the clause could easily have stated that the loan my be accelerated upon default without notice to the borrowers. Accordingly, appellants’ assignments of error are well-taken.
13.
{¶ 23} The judgment of the Lucas County Court of Common Pleas is reversed. This cause is remanded to said court for further proceedings consistent with this decision.

Costs of this appeal are assessed against appellee pursuant to App.R. 24(A).
Judgment reversed.
A

IMHO….Parol evidence simply can’t be trusted when there is so much criminality involved with these cases. How can you trust a word these people say… ? They are simply not credible. That is why the courts have ruled when fraud enters a contract it vitiates everything and renders everything a nullity…null and void.